Digital sign for Nazarene church approved

Variance clears way for electronic sign to be installed

Officials with the Angus Church of the Nazarene were granted a variance to Lincoln County's commercial sign ordinance that will allow installation of an electronic version.

Condition of approval included that the sign will be turned off from 11 p.m. to sunrise. Commissioners also noted that emergency messages from the county about issues such as fire and flooding will be featured.

The variance was needed because the county ordinance prohibits "intermittent, moving or flashing lights, or video images" on outdoor commercial signs.

Before county commissioners voted unanimously to approve the variance, one person spoke against making an exception.

Patricia Dunagan, who owns a ranch in the county, pointed out that the original intent of the ordinance was to preserve the natural beauty of the land by preventing visual pollution. "What has change to consider this?" she asked commissioners. "It specifically prohibits intermittent or moving lights or flashing lights and that is the precise description of these signs."

She also warned that when commissioners grant one variance, they set a precedent for future requests. No variance is to be granted that conflicts with the intent of the ordinance, she said, adding, "And this sign certainly is in direct conflict with the intent of the ordinance." She called it unsightly, annoying and, "completely out of step with tranquil atmosphere we so proudly market in this area."

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Electronic signs are designed to promote a sense of urgency and to stimulate, she contended. "That's why casinos use them. By granting this variance, you will create an un-level playing field for other businesses in the area," allowing signs that are more noticeable. The highway could become littered with flashing signs vying for attention, she said,

"If you grant one, how can you ever make a valid case against others?" Dunagan asked,

County Planning Director Curt Temple told commissioners he mailed about 120 letters to land owners within 1,000 feet of the property. He received two letters and the county manager received one in response and included them in the commission packets. Two supported the sign and one was opposed.

Rick Hutchison, pastor of the Nazarene Church, clarified that the sign would be shut off at 11 p.m. and turned back on at sunrise in compliance with New Mexico's Night Sky Protection Act rules, and he indicated a willingness for other time modifications working with the surrounding community. The county also would be allowed to run emergency messages and danger alerts on the lower one-third of the digital sign, he said. The upper two-thirds will contain the church's name.

Although county staff was authorized to buy two electronic message signs, the types to be selected still are under research, Temple said. At this time, the county has no notification signs, but borrows from the state Department of Transportation when needed.

"It is a new day to educate the public about what it takes to live or visit here with threat of flood and fire," Commission Chairman Jackie Powell said. "The game has changed in the last one and a half years" with a major fire in June 2012, flooding and drought.

Powell said the Nazarene sign would not be bright enough to blind anyone coming down the mountain past the Bonito Park entrance.

Commissioner Kathryn Minter offered the motion for approval with the timing condition.

"This is my district and I have been running around (talking to people)," she said. "The sign you have now has lights going up, so this would be an improvement.

I'm not making my decision based on the county emergency messages, but the church is our only (Federal Emergency Management Agency) approved evacuation center in the county, so I think it fits in with the role as an approved evacuation center. I heard from two people opposed. One doesn't live near it. Everybody I heard from in Valley Heights had no objections. I believe the ordinance and state regulations allow for variances, but there are restrictions. You indicated you would be OK with the time restriction."

The sign also can't be larger than 15 feet in height, she noted.

As she drove around, she saw other signs that didn't appear to be in compliance and saw spotlights on homes that probably were in violation of the Night Sky Protection Act, she said.

Morel told commissioners the protection act was passed to preserve an environment for astronomy in New Mexico. The act requires lighting to be shielded.

A variance can be granted when strict compliance would cause undue hardship, as long as the variance does not nullify the intent and purpose of the ordinance and thee public interest is protected, Morel said.

He pointed out that the next item on the commission agenda was a request for a public hearing to consider another variance to the county ordinance on commercial signs.

"I feel very comfortable the next will offer the same opportunity to the county (for emergency messages)," he said. "I think you will have to treat them all the same, as the lady suggested."

Morel also offered a disclosure that Hutchison's wife, Sue Hutchison, works for him.

When the next item came up, commissioners voted to set a public hearing for Nov. 19, on a sign variance requested by Jim Secor for his ZiaScapes Landscaping business at 1110 New Mexico Highway 4. A permit previously was not obtained for the sign. It is illuminated from dusk until 10 p.m., he wrote in his application. He also offered to run county messages on the sign when needed.

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